In an important test case of the public interest provisions in the Competition Act, Genesis Analytics provided expert evidence on behalf of three government departments relating to the public interest issues that arose from WalMart's acquisition of Massmart.
Genesis was instrumental in formulating economic arguments for the inclusion of conditions to address the public interest concerns. The merger was approved by the Tribunal, but with conditions that addressed some of the public interest concerns.
In the subsequent Competition Appeal Court decision, the court noted that James Hodge of Genesis had "fulfilled the role of an expert witness in these kind of proceedings in exemplary fashion".
The Competition Appeal Court upheld the Tribunal’s decision to approve the merger with conditions, and ordered that a panel of three experts be convened to conduct a study that would provide guidance on the monetary value, fund design and types of interventions required to ensure an effective supplier development fund with maximum impact. Genesis was appointed as one of the experts, alongside Joseph Stiglitz (Nobel Laureate and former chief economist of the World Bank) and Mike Morris